Caira v. Caira

The plaintiff and the defendant were fellow servants in the employ of a contractor insured under the workmen’s compensation act, G. L. (Ter. Ed.) c. 152. The plaintiff was injured through the negligence of the defendant while the latter, in the course of his employment by the common employer, was carrying the plaintiff in a motor vehicle at the end of a day’s work. The finding of the auditor, which, not being contradicted, is conclusive (Ballou v. Fitzpatrick, 283 Mass. 336, 338), is “that while the plaintiff was not required to report at his employer’s place of business after work each, day…